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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 2012 Page 1 of about 2,097 results (0.098 seconds)

Dec 31 2012 (HC)

Kerala State Nirmiti Kendra, Vs. the Commissioner of Income Tax and Ot ...

Court : Kerala

Decided on : Dec-31-2012

..... .451/89 dated 5 6.1989. ext.p2 true copy of the relevant portion of the notification issued under section 19 a(iii)(f) of the income tax act reported in the a.n.aiyar's indian tax laws 2002 ext.p3 true copy of the letter dated 23 5.2007 issued by the petitioner to the 3rd respondent bank. ext.p4 true copy ..... that they fall within the purview of the notification issued by the government of india under section 194 (a)(iii) (f) of the income tax act and thus entitled to be exempted from deduction of tax and source on the interest income received by them.2. section 194 a (iii) (f) states that the provisions of sub section 1 of section 194 a shall not ..... . 30034 of 200.-3- 5. be that as it may, section 197 of the income tax act authorises the assessing officer to grant certificate as contemplated therein if he is satisfied that the total income of the recipient justifies deduction of tax at a lower rate or without any deduction of income tax. therefore, i dispose of this writ petition leaving it open to the petitioner to ..... approach the assessing officer by making an application under section 197 of the income tax act. the writ petition is disposed of as above. antony .....

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Dec 31 2012 (HC)

Novopan India Ltd Vs. the Commissioner of Income Tax, A.P. Hyd

Court : Andhra Pradesh

Decided on : Dec-31-2012

..... with effect from 1.4.1986. order : ( per sri msr, j ) this reference has been made by the income tax appellate tribunal, hyderabad-a bench, hyderabad under section 256 (1) of the income tax act, 1961 ( for short "the act") for the opinion of this court on the following question of law arising out of its order dated 13.10.1995 in ita no.687/hyd ..... the hon'ble sri justice goda raghuram and the honb'ble sri justice m.s ramachandra rao rc no.58 o 31. 12-2012 novopan india ltd the commissioner of income tax, a.p. hyderabad and others counsel for the petitioner : counsel for the respondents: : : ?cases referred:1. air 196.sc 125.2 sub sections (3a) to (3d) of section 37 were ..... /91 for the assessment year 1985-86 i.e. "whether on the facts and in the circumstances of the case, the hon'ble income tax appellate tribunal, hyderabad is ..... assessing officer's treatment of "daily allowances" as falling in the same category as "payments to hotels". aggrieved by the later portion of the order of cit (appeals), as mentioned above, the assessee filed ita no.687/hyd/91 to the income tax appellate tribunal, hyderabad a bench, hyderabad. by order dated 13.10.1995, the said appeal was dismissed holding that the .....

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Dec 21 2012 (HC)

Smt.Asha Mukund Ajrekar Vs. Chitnis Chaudhary Through Partner Shri Uda ...

Court : Mumbai

Decided on : Dec-21-2012

..... to execute and sign the necessary form under section 37(i) of the income tax act for the purpose of getting requisite permission from income tax authorities. 4) defendant is also directed to produce income tax certificate under section 230 (a) of income tax act for execution of sale deed. 5) if the defendant failed to execute the ..... client hereby calls upon you to fix the price as per the govt. recommendation and signs the forms for obtaining permission from income tax authority u/s. 37i of income tax act and to satisfy my client as far as title is concerned and to execute valid sale deed in favour of my client ..... the appellant to execute and sign necessary form under section 37(i) of the income tax act,1961(hereinafter referred to as "the said act") and also produce income tax certificate under section 230(a) of the said act. the learned trial judge directed the appellant to execute a sale deed in respect ..... appellant was known to the partner of the respondent. it is stated that the appellant represented that she was not having any source of income. therefore, she offered to mortgage her share in the suit property for securing the loan. according to the case of the respondent, he ..... aforesaid admission regarding mortgage, the real intention of the parties is reflected. in any case, discretion under section 20 of the specific relief act,1963 could not have been exercised in favour of the respondent-plaintiff for enforcing the specific performance of the said agreement in writing. .....

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Dec 21 2012 (HC)

Commissioner of Income Tax Delhi-v Vs. M/S. N.R. Portfolio Pvt. Ltd.

Court : Delhi

Decided on : Dec-21-2012

..... was dismissed. the following question of law arises for consideration: did the tribunal fall into error in directing the deletion of the sum brought to tax by the ao as unexplained income under section 68 of the income tax act? ita 134/2012 pag 2. briefly the facts are that the assessee filed its return for ay 2004-05 declaring a loss to the extent ..... for in the summons u/s 131. thus, these parties have not discharged their duty to the department as required u/s 131 of the i.t. act and these persons will never come before any income-tax authority as already discussed in details that they are only entry operators and either absconding or evading service of any kind of notice from the ..... the assessee had furnished all the relevant particulars of the share applicants who had invested in its company. these particulars included pan details which revealed that the investors were filing income tax returns. the commissioner also concluded that during the course of remand proceedings the ao could not prove with certainty that the investors were entry providers and that the transactions ..... particulars, list of directors, bank account particulars, etc of the share applicants, who were income tax payees. the burden of proving that the amounts received were unexplained income, or unaccounted money of the assessee, lay upon the revenue, which it did not discharge. in these circumstances, the appellate authorities acted within their rights and jurisdiction in directing the addition to be set aside.6 .....

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Dec 21 2012 (HC)

Commissioner of Income Tax Vs. M/S. Dewan Chand Satyapal

Court : Delhi

Decided on : Dec-21-2012

..... s. ravindra bhat mr. justice r.v. easwar mr. justice s.ravindra bhat % 1. this judgment disposes of appeals by the revenue under section 260a of the income tax act 1961 against the orders of the income tax appellate tribunal (hereinafter referred to as itat) dated 16.08.2002, 26.10.2004 and 01.12.2005 respectively. the appeals involve similar substantial questions of law ..... japanese concern, a resonance scanner used for medical diagnosis by using the scanner so as to expose unexposed films. the petitioner contended that by virtue of certain provisions of the income tax act, 1961, discussed hereafter- they were entitled to relief in regard to the interest payable on the purchase price of the scanner. their submission was that they process the ita nos ..... their intended purpose. therefore, processing of blank cds, dedicating them to a specific use, constitutes a manufacture in terms of section 80ia(12)(b) read with section 33b of the income tax act.11. one of the arguments advanced on behalf of the department is that since the software on the master media and the software on the pre-recorded media is the ..... manufacture. in this connection, one must read the expression industrial undertaking in the context of ita nos. 87/03, 1411, 1541/06 page 18 the income tax act and not in the context of the industrial disputes act and, if so read, it is clear that the activity should be of production of any article or thing and any activity which primarily concerns production .....

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Dec 21 2012 (HC)

Director of Income Tax (Exemption) Vs. Vishwa Jagriti Mission

Court : Delhi

Decided on : Dec-21-2012

..... for applicant/ interveners. coram: mr. justice s. ravindra bhat mr. justice r.v. easwar r.v. easwar, j.these are nine appeals, all filed by commissioner of income tax (cit) under section 260a of the income tax act, 1961 (act, for short). ita nos.754/2010, 773/2010, 775/2010, 1092/2010, 1101/2010, 1103/2010, 1104/2010, 1112/2010 & 1124/2010 questions of law were framed ..... of the income-tax act, 1961.10. against the aforesaid order of the dit (exemptions), the assessee filed an appeal before the tribunal and raised several contentions which were all considered by the tribunal which ..... request for registration u/s 12a is rejected.6. since i have refused to grant registration to the applicant society within the meaning of 12aa(1)(b)(ii) of the income-tax act, 1961, i do not consider it appropriate to adjudicate on its request for condonation for delay in filing application in form no.10a for grant of registration u/s 12a ..... , the following common substantial question of law was framed on the same day: whether the income tax appellate tribunal was right in setting aside the order passed by the director general of the income tax (exemption) under section 263 of the income tax act, 1961? 3. two separate orders were passed by the income tax appellate tribunal, delhi bench i. the first order is dated 06.05.2009 and .....

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Dec 20 2012 (HC)

The Commissioner of Income Tax-ii, Hyder Vs. Syed Ali Adil

Court : Andhra Pradesh

Decided on : Dec-20-2012

..... m.s.ramachandra rao): this appeal is filed under section 260-a of the income tax act, 1961 (for short 'the act') by the revenue challenging the order dated 09-09-2011 in i.t.a.no.284/hyd/2011 of the income tax appellate tribunal, hyderabad bench "b", hyderabad.2. the respondent is an individual assessee ..... section 54 for both the flats purchased by him.6. challenging the same, the revenue filed i.t.a.no.284/hyd/2011 to the income tax appellate tribunal. by order dt.09-09-2011, the tribunal dismissed the appeal of the revenue on the ground that it had consistently taken the ..... revenue has filed the present appeal.8. heard sri b.narasimha sarma, learned standing counsel for the income tax department at the stage of admission.9. he contended that the deduction under section 54 of the act is allowable only for one residential house and not for more than one residential house and that the ..... , circle-vi (1), hyderabad admitting therein a net income of rs.43,97,840/-. the said return was processed under section 143 (1) of the act on 24-02-2009. meanwhile, the case was taken up for scrutiny ..... . he filed his return of income for the assessment year 2007-08 on 31-08-2007 with the assistant commissioner of income tax .....

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Dec 20 2012 (HC)

Commissioner of Income Tax-i Ludhiana Vs. M/S Abhishek Industries Limi ...

Court : Punjab and Haryana

Decided on : Dec-20-2012

..... katoch, advocate for the appellant. mr. akshay bhan, advocate for the respondent. r.p. nagrath, j.this appeal filed by commissioner of income tax-i, ludhiana under section 260a of the income tax act, 1961 (for brevity 'it act') challenges the order dated 29.04.2011 passed by the income tax appellate tribunal, bench 'a', chandigarh (itat).2. the facts of the case in brief are that joint commissioner ..... , income tax, range-i, ludhiana, the assessing officer (ao) passed the assessment order dated 28.12.2006 under section 143(3) of the it act in ita no.312 ..... of 2011 -2- respect of the respondent-assessee for the assessment year 2004-05. the commissioner of income tax (cit) exercising his revisional powers under section 263 of it act, found the assessment order to be prima-facie erroneous and prejudicial to the interest of revenue as the relief granted under section 80 ia, was not deducted from the profits ..... views in preference to the other?.16. the respondent-assessee, in the present case, had in its return of income tax, claimed deduction under section 80ia at ` 12.01 crores and section 80hhc of the it act at ` 5.75 crores and declared the total income of ` 82.47 lacs. the ao allowed the deduction under section 80ia to the tune of ` 14.04 .....

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Dec 20 2012 (HC)

Sh. Ashwani Oberoi Proprietor: M/S Punjab Advertising Company Scf Vs. ...

Court : Punjab and Haryana

Decided on : Dec-20-2012

..... the appellant. mr. yogesh putney, advocate for the respondents. r.p. nagrath, j.this is an appeal under section 260a of the income tax act, 1961 (for brevity 'the it act') against the order dated 27.07.2011 (annexure a-6) passed by the income tax appellate tribunal, chandigarh bench 'a' (itat) for the assessment year 2002-03 and the order dated 15.02.2010 (annexure 'a ..... of sh. leela dhar gupta.16. we may notice the judgment of apex court in commissioner of income tax v. united trading and construction co., (2001) 247 itr 81.(sc) that there is nothing in section 24 of the finance (no.2) act which prevents the income tax officer, if he is not satisfied with the explanation of the assessee about the genuineness of sources ..... of amounts found credited in his books to add them to the assessee's income amount in spite of these having already been made the subject matter of ..... -5') of the cit (appeals), chandigarh deciding appeal against the assessment order dated 29.12.2008 (annexure 'a-4').2. the background of this .....

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Dec 20 2012 (HC)

Heg Limited Vs. Deputy Commissioner of Income Tax

Court : Madhya Pradesh

Decided on : Dec-20-2012

w.p.no.21338/2012 20.12.2012 shri s. mishra, advocate for the petitioner. shri sanjay lal, advocate for the respondents. it is submitted by learned counsel for the petitioner that the petitioner was assessed for the assessment year 2007-2008 by the assessing officer, but not a notice has been issued for re-assessment under section 148 read with 147 of the income tax act, 1961. it is submitted that the proposal is to include closing stock for the purpose of assessment which cannot be done as per law laid down by the apex court in the order passed in commissioner of income tax tamil nadu v. m/s.dyanvision limited civil appeal no.197/2005. a photocopy of the same has been made available by the petitioner. it is submitted that main challenge of the petitioner is the same, as has been held by the division bench of this court in (2012) 246 ctr 30.(mp).considering the aforesaid, we direct shri s. lal, learned counsel for the respondents to seek instructions in the matter and file reply, if any. be listed for hearing on 17/1/2013. till next date of hearing, the respondents shall not frame assessment order in continuation of notice (annexure p-5) under section 148 read with 147 of the act for the assessment year 2007-2008. c.c.as per rules. (krishn kumar lahoti) (smt.vimla jain) judge judge rv

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